Madhya Pradesh High Court
M/S. Supratech Hospital Pvt Ltd. vs Bank Of India on 7 November, 2020
Author: Sujoy Paul
Bench: Sujoy Paul
1 WP-19632-2014
The High Court Of Madhya Pradesh
WP-19632-2014
(M/S. SUPRATECH HOSPITAL PVT LTD. Vs BANK OF INDIA AND OTHERS)
Jabalpur, Dated : 07-11-2020
Heard through Video Conferencing.
Shri M.S. Bhatti, learned counsel for the petitioner.
Shri Rajesh Maindiretta, learned counsel for the respondent No.1.
Shri Piyush Bhatnagar, learned Panel Lawyer for the respondent No.2-State. With the consent, finally heard.
Learned counsel for the petitioner by taking this Court to Court order dated 12.07.2017 urged that the petitioner placed heavy reliance on the judgment of Supreme Court reported in (2015) 16 SCC 31 (Committee GFIL vs. Libra Buildtech Private Ltd. & Ors.). Since the law laid down in the said judgment squarely covers the present case, the impugned order dated 07.10.14 may be set aside and the respondent No.2 may be directed to refund the amount of stamp duty to the extent mentioned in Para 7 (iii) of the relief clause.
Shri Maindiretta did not dispute that the matter is squarely covered by the aforesaid judgment.
Shri Bhatnagar although opposed the relief on the basis of return, did not dispute that the said judgment squarely covers the case of the petitioner.
It is clear that the parties have taken a uniform stand on the question of applicability of judgment of Supreme Court.
Accordingly, in view of said judgment, order dated 07.10.14 is set aside. As a consequence thereof, relief claimed in Para 7(iii) & (iv) are allowed. Necessary payment be made to the petitioner within 90 days from the communication of this order.
The petition is disposed of.
(SUJOY PAUL) JUDGE mohsin Signature Not Verified SAN Digitally signed by MOHAMMED MOHSIN QURESHI Date: 2020.11.09 11:46:10 IST